Legal Question in Immigration Law in Texas

removal proceedings

If my husband was married before and was denied their i-485 and the last paragraph says '' in visa petition proceedings, the burden of proof as to eligibility for benefits sought rests with the petitioner. Marrer of brantigan 11 I&N Dec.498. As you did not appear at the appointed office of this Service for your scheduled interview to give testimony concerning the bona sides of your marrage, it is determined that you have not met your burden of proof. Therefore, the visa petition is denied. you have 30 days from this decision to submit a motion to reopen twith the proper fee'' he is now in removal proceedings with uscis and i was wondering if we file a I-30 together since we have been married for 3 years now will they deny him this because of before?!?! does that mean the court found his past marrage fake?! she never showed up for the interview!


Asked on 6/24/09, 7:04 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: removal proceedings

You absolutely need to have filed on his behalf. He is facing an uphill battle, due to the past denial. There was not a finding that it was fake, but it is a suspicious circumstance that she was a noshow for the interview. He should be represented by counsel, and you should get a lawyer today to expedite this filing.

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Answered on 6/25/09, 7:39 am


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